Case Studies

Intellectual Property Prosecution

An anesthesiologist from a large, academic medical center invented a revolutionary laryngeal mask. He had prototype made and was testing the device on willing patients. I filed both domestic and international patent applications covering the device, along with methods of using the device. I also filed trademark applications for the name of the new company that was formed to distribute the device and the company’s logo.

Joint-Venture Agreements

A university researcher developed a new anti-viral formulation used to treat a variety of viral conditions. The university provided funding to that researcher to develop the anti-viral formulation outside of the university setting in exchange for a 50% stake in the new company formed. I drafted a joint-venture agreement, as well as a technology transfer agreement that memorialized the agreement between the researcher and the university. I then filed multiple patent applications on the technology, methods of making the formulations and methods of using the formulations to treat various viral ailments.

Patent Opinion Work

A client independently invented a new process for producing fluorescent ink. The client was not interested in seeking patent protection for the new ink, but wanted to reduce its chances of being charged with infringement by one of its competitors. I worked with a skilled prior art searching company to develop a list of the closest technology that was patent protected. I reviewed the patented products to determine whether the clients manufacture, sale, or use of its new ink would likely subject them to patent infringement liability and counseled them on the likelihood of success in any resulting litigation.

Health Care Compliance

A surgical center in central North Carolina wanted to lease a new MRI machine for use in its offices. The lease covered use of the equipment, as well as use of trained MRI technicians, that would not be employed by the surgery center. I reviewed the lease to ensure compliance with Stark, Anti-Kickback, and North Carolina’s Certificate of Need regulations.

HIPAA Compliance

A medical office wanted to use new client intake forms. I reviewed the forms for compliance with HIPAA.

Healthcare Compliance

An assisted living center was audited by CMS and was found to have a critical deficiency. After counseling the client on the nature of the deficiency and how to reduce the chances of receiving additional deficiencies through sound policy implementation, I drafted a brief that was presented at a closed-hearing attended by the leadership at the assisted living center and prepared the client for potential questions that could be asked during the hearing.

Elder Law & Medicaid

A client was being evicted from a skilled nursing facility for failing to pay the fees associated with his stay. There was some evidence that the money that should have been used to pay those fees, was being misused by a family member and was not being paid to the facility. The client met the income requirements to qualify for Medicaid, which would have covered all of the charges associated with his stay in the facility, but owned real estate that prevented him from qualifying for Medicaid assistance. We negotiated an agreement between the facility and the client, wherein the facility would stop the eviction until Medicaid could be established for the client. The client was apprehensive about selling the property. So, he was advised to deed a very small portion of his property to another person for value, thereby converting the property to community property, which is not considered an asset under the Medicaid guidelines.

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